VENDOR NET TRANSMISSION COVER LETTER DATE: April 21, 2006 When using Vendor Net, you may submit your bid through one of the following options: U.S. mail, hand-delivery, fax or e-mail. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option used, your bid must be received and time stamped in by Purchasing Services, 750 University Avenue, 2nd Floor Reception, Madison, WI 53706-1490, prior to 2:00 PM on the bid due date to be considered on time. Bids not so stamped shall be considered late. Late bids shall be rejected. If you have any questions concerning these instructions, please contact the University of Wisconsin-Madison Purchasing Services (Bid Processing) at (608) 262-0059. PURCHASING SERVICES University of Wisconsin-Madison 750 University Avenue Madison, WI 53706 608/262-0059 (Fax) 608/262-4467 www.bussvc.wisc.edu bids@bussvc.wisc.edu RETURN TO: University of Wisconsin-Madison INSTRUCTIONS This original REQUEST FOR BID form must be completed, typed or in ink, signed and returned to: Purchasing Services, 750 University Avenue, 2nd Floor Reception, Madison, WI 53706-1490 (see Submittal Instructions page). Responses must be prepared on University forms where provided. Purchasing Services 750 University Ave, 2nd Floor Reception Madison, WI. 53706-1490 Refer to section titled “SUBMITTAL INSTRUCTIONS”. REQUEST FOR BID All correspondence must reference the bid number. THIS IS NOT AN ORDER Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible. The bid abstract will be on file and is open to public inspection only after award determination has been made. OFFICIAL SEALED BID NUMBER: 06-0093 AGENT: Gail Movrich at (608) 262-1323 ISSUE DATE: 04/21/06 FAX NUMBER: (608) 262-4467 DUE DATE: 05/08/06 E MAIL: gmovrich@bussvc.wisc.edu 2:00 PM CDT _________________________________________________ Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the UW-Madison Purchasing Services. If NO BID (check here) and return. DESCRIPTION The University of Wisconsin-Madison Purchasing Services Department (Purchasing) requests bids for Multi-Channel Neurophysiology Recording and Stimulation System in accordance with the attached in this order: Special Conditions of Bid, Bidder Response Sheet, Specifications, Itemized Bid List, Minority Business Enterprise (MBE) Awareness, Compliance & Action Plan and Standard Terms and Conditions. Questions regarding this bid will be answered by the following: ADMINISTRATIVE: Gail Movrich at (608) 262-1323 gmovrich@bussvc.wisc.edu TECHNICAL: Yaniv Lazimy at (608) 265-9785 or (608) 334-9850 ymlazimy@wisc.edu In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison Purchasing Services bid document on file shall be controlling. We certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of perjury. SIGNATURE: _____________________________________________________________________________DATE ____________________ TYPE OR PRINT NAME: _____________________________________________________________________________________________ TITLE: _______________________________________________________ TELEPHONE NUMBER: (_______) _____________________ FEIN NUMBER: _________________________________ FAX NUMBER: (_______) _____________ ________ EMAIL ADDRESS: __________________________________________________________________________________________________ SECTION A. - VENDOR NOTE THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID RESPONSE 1. In accordance with Wisconsin Statutes 16.75 (3m) & 16.752, please indicate if you are a Wisconsin Certified minority business or sheltered workshop center: ____________ Minority (MBE) ____________ Sheltered Workshop Center ____________ Not applicable (if no answer is indicated, we will assume you are neither when making the award.) 2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All vendors are considered large business unless otherwise indicated (see website: www.sba.gov/). (Check all that apply.) ____________ LARGE BUSINESS (LG) ____________ SMALL BUSINESS (SB) ____________ VETERAN OWNED SMALL BUSINESS (VOSB) ____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) ____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE) ____________ SMALL DISADVANTAGED BUSINESS (SDB) ____________ WOMAN-OWNED SMALL BUSINESS (WOSB) 3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. “Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. ____________ YES ____________ NO ____________ UNKNOWN 4. MINORITY BUSINESS PARTICIPATION: As a mandatory component of this proposal (or bid), you must complete the “Minority Business Enterprise (MBE) Awareness, Compliance & Action Plan” form that is a part of this document. I have reviewed and completed The “MBE Awareness, Compliance & Action Plan” form. ____________ YES ____________ NO ____________ 5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately prepacked in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs). SUBMITTAL INSTRUCTIONS A completed bid response must be received and time stamped in by UW-Madison Purchasing Services prior to the stated opening time to be considered. Bids not so stamped shall be considered late. Late bids shall be rejected. We have supplied you with a return label. Please fill in your vendor name on the return label to help us identify this transaction. Not using the pre-addressed label to submit your bid properly and clearly marked is subject to rejection. Please use one of the options below for return of your bid. All bids must be time stamped in by UW-Madison Purchasing Services prior to the stated opening time. Bids not so stamped shall be considered late. Late bids shall be rejected. MAILING: Mailed bids must be received at Purchasing Services, 750 University Ave, 2nd Floor Reception, Madison, WI. 53706-1490. Cut out and tape/glue return label on your return envelope. HAND Hand-delivered bids may be done by vendor or third-party/courier service. Bids must be received DELIVERY: at Purchasing Services, 750 University Ave, 2nd Floor Reception, Madison, WI. 53706-1490. Cut out and tape/glue return label on your return envelope. FAXING: Include return label with your fax transmission at (608) 262-4467 (AVAILABLE 24 HOURS A DAY). The last page of the fax transmission must be completed prior to the bid opening due date and time. E-MAILING: Prior to the bid deadline, bidder is responsible for confirming that their e-mailed bid response has been successfully received. Proof of transmission doesn't constitute proof of receipt. In addition, the REQUEST FOR BID form (cover page) must be signed and returned via mail or fax within one (1) business day after the bid due date. Include return label with your e-mail transaction to bids@bussvc.wisc.edu. Receipt of a bid by the University e-mail system does not constitute receipt of a bid by UW-Madison Purchasing Services for purposes of this request for bid unless a REQUEST FOR BID form is signed and returned. RETURN ADDRESS LABEL: OFFICIAL SEALED NUMBER: 06-0093 DUE DATE: 05/08/06 TIME: 2:00 PM CDT INSERT VENDOR NAME HERE: ____________________________________ ADDRESS: ________________________________________________ ________________________________________________ ________________________________________________ UNIVERSITY OF WISCONSIN-MADISON PURCHASING SERVICES 750 UNIVERSITY AVE., 2ND FLOOR RECEPTION MADISON, WI 53706-1490 UNIVERSITY OF WISCONSIN BID NO.: 06-0093 TABLE OF CONTENTS SECTION SUBJECT INTRODUCTION PURPOSE AFFIRMATIVE ACTION WISCONSIN SALES AND USE TAX REGISTRATION DEBARMENT VENDORNET SPECIAL CONDITIONS OF BID 1. CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT 2. FOB DESTINATION, FREIGHT PREPAID AND ALLOWED 3. CAMPUS DELIVERY REQUIREMENTS 4. BIDDER QUALIFICATIONS 5. SPECIFICATIONS OF ITEMS TO BE PROVIDED 6. METHOD OF BID 7. METHOD OF AWARD 8. MBE PREFERENCE 9. BID RESPONSE REQUIREMENTS 10. BIDDER RESPONSE SHEET 11. ITEMIZED BID LIST 12. MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 1 OF 11 INTRODUCTION PURPOSE: Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific product on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item. See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for products desired. If you are bidding an alternate product, please provide complete specifications (performance features, and descriptive brochure or detail for the units you propose to furnish), clearly identified by manufacturer’s name, catalog and model number. See “Standard Terms and Conditions,” items 1, 2, 3, and 5.1. Failure to meet a mandatory requirement will disqualify your bid. Revisions to this bid may be made only by an official written amendment issued by Purchasing. PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID. RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES. AFFIRMATIVE ACTION: As a State agency, the University requires contractors issued a purchase order exceeding $25,000.00 to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to your company being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. On the Bidder Response Sheet please provide the requested information. For additional information see section 17.0 of the Standard Terms and Conditions (www.bussvc.wisc.edu/purch/stdterms1.html). Some exceptions may apply, and instructions for completing a plan are available upon request. WISCONSIN SALES AND USE TAX REGISTRATION: No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes (vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification. If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the University and any other state agency can not issue any purchase orders to your firm. For additional information see www.dor.state.wi.us/html/vendlaw.html DEBARMENT: Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. As a part of this bid document there is debarment language and a signature block for you to self certify your debarment status on the Bidder Response Sheet. Failure to supply this information may disqualify your bid. Information on debarment is available at the following websites: www.epls.gov and www.arnet.gov/far/. VENDORNET: The State of Wisconsin has implemented a registration service on an internet system called “VendorNet” to enable vendors to receive notice of all official sealed bids/proposals (over $25,000.00) as solicited by all state agencies. To obtain information on the state’s bidder registration, please visit the VendorNet Web site at vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area, please call 264-7898. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 2 OF 11 SPECIAL CONDITIONS OF BID - MANDATORY 1. CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT: All communications and/or questions in regard to this request should be in writing and bidders are encouraged to FAX or e-mail written questions to the Purchasing Office. Verbal questions, when permitted, must be directed to Gail Movrich at (608) 262-1323. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, they have five (5) business days before the bid due date and time to notify, in writing, Gail Movrich at the address shown below of such error and request modification or clarification of the RFB document. All written questions will be responded to in writing and provided to all bidders. Gail Movrich UW Purchasing 750 University Ave Madison, WI 53706-1490 E-mail: gmovrich@bussvc.wisc.edu PHONE 608/262-1323 -- FAX 608/262-4467 – TTY 608/262-0825 If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which must have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later correction. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be provided to all recipients of this initial RFB. DEFINITIONS The following definitions are used throughout the Special Conditions of Bid: Bidder means a firm submitting a bid in response to this Request for Bid. Contractor means successful vendor awarded the bid. Department means UW-Madison Wisconsin Psychiatric Institute & Clinics (WisPIC). MBE means Minority Business Enterprise. RFB means Request for Bid. State means State of Wisconsin. University means University of Wisconsin-Madison. 2. F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED (vendor responsible for freight costs): Delivery will be made by common carrier or bidder's truck, with unloading to be performed by the carrier/bidder and carton(s) transported to the interior/ground floor or inside dock at 6001 Research Park, Madison WI. Bid prices must include all packing, freight, insurance charges and installation/operation manuals. If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Itemized Bid List. This cost will be added to the bid total for determining the award. (CFR/CPT) - DDU Delivered Duty Unpaid. Bidders must include costs from bidders door to port of destination and local delivery charges. The University will be responsible for all United States duty fees, port of entry documentation fees, custom clearance, tax, etc., if applicable. NOTE: As necessary, awarded contractor must use the University's contracted customs broker, Scarbrough International Ltd. (formerly BM&P), at port of entry (Chicago, Illinois or Milwaukee, Wisconsin - to be identified on the purchase order). Custom duty costs and forms (if applicable) will be handled by the University through the University’s contracted customs broker, Scarbrough International Ltd. (formerly BM&P). (See Method of Award, Custom Duty Costs.) Failure to bid F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify your bid. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 3. BID NO.: 06-0093 PAGE 3 OF 11 CAMPUS DELIVERY REQUIREMENTS: Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours. The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles. For specific policy language, a campus map and restrictions, see the University Transportation Services website at www.fpm.wisc.edu/trans/ 4. 5. BIDDER QUALIFICATIONS: To be eligible for an award, you must be qualified and able to provide the following as required or your bid will be disqualified (respond on "Bidder Response Sheet"): 4.1 Purchases made under this bid may require further fair price analysis. Bidders should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis. The awarded contractor will be required to provide this documentation prior to the order being issued. 4.2 Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item. 4.3 Bidder must designate a person(s) to provide information on: Minority Business, Affirmative Action and Sales Representative. 4.4 Bidder must supply upon request a client list of 3 firms to which similar products have been provided during the past 2 year(s). If contacted, information received from those clients will be used to determine whether bidder meets QUALIFICATIONS. SPECIFICATIONS OF ITEMS TO BE PROVIDED: (see additional attachment) See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for products desired. Failure to provide product specifications and information for item(s) bid may disqualify your bid. The University will be the sole judge of equivalent acceptability. UW Specifications may not be revised without an official written amendment issued by Purchasing. 6. METHOD OF BID: Bidder must submit a unit price for the item specified. Prices listed should be in US dollars unless otherwise indicated. Custom charges/fees should not be included in the bid price. The University will be responsible for obtaining custom charges/fees and will determine the customs broker to be used for entry into the United States. Failure to eliminate these costs from your bid may result in disqualification of your bid. 7. METHOD OF AWARD: Award(s) shall be made on the basis of the lowest net unit price which is judged to be in the best interest of the University The University will obtain an estimate from the University’s contracted customs broker, for United States duty fees, port of entry documentation fees, customs clearance charge, tax, etc. and add it to all applicable bids to be used in the evaluation for award. 8. MBE PREFERENCE: Bids meeting mandatory requirements will be reviewed and scored against the stated criteria. Bid from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 9. BID NO.: 06-0093 PAGE 4 OF 11 BID RESPONSE REQUIREMENTS: In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Please send two (2) complete sets of your bid. Failure to provide these forms/information with your bid submittal may disqualify your bid. 1. 2. 3. 4. 5. 6. Request for Bid Form Vendor Note (Section A) Specifications, descriptive brochure and detail for the item(s) bid (Section 5) Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Section 10) Itemized Bid List (Section 11) Minority Business Enterprise (MBE) Awareness, Compliance & Action Plan (Section 12) UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 10. BID NO.: 06-0093 PAGE 5 OF 11 BIDDER RESPONSE SHEET: Note: this form must be returned with your bid response. Bidder may attach additional relevant information to their bid response; identify sections to which information applies. 2. Are you bidding all prices F.O.B. Destination, Freight Prepaid and Allowed? (Be sure to read Section 2. carefully) 4.1 What type of documentation (i.e. published price list, list of previous buyers, etc.) will you provide to assist the University in its fair price analysis? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 4.2 4.3 Are you an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item? YES NO ____ ____ ____ ____ ____ ____ Bidder must designate a person(s) to provide information on: Minority Business, Affirmative Action and Sales Representative. MINORITY BUSINESS Contact Name: _______________________ PHONE: ____________________________ FAX: _______________________________ E-MAIL:_____________________________ AFFIRMATIVE ACTION Contact Name: _______________________ Address: ____________________________ __________________________________ __________________________________ PHONE: ____________________________ SALES REPRESENTATIVE Name: ___________________________________________ Phone: ___________________ Fax: __________________ EMAIL: ________________________________________________________ WEBSITE: _____________________________________________________ 4.4 Upon request, will you provide a client list? ____ ____ 9. Have you included two (2) complete sets of your bid? ____ ____ Have you completed and returned all forms required? ____ ____ UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 6 OF 11 The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. ___________ (Initial) I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid. __________________________________________ Company Name (print or type) ______________________________________________ Bidder's name & title (print or type) __________________________________________ Bidder's Signature ______________________________________________ Date __________________________________________ E-mail address UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 7 OF 11 Specifications: Multi-channel Neurophysiology Recording and Stimulation System The University of Wisconsin-Madison, Wisconsin Psychiatric Institute & Clinics (WisPIC), is requesting bids for a multichannel neurophysiology recording and stimulation system. The following specifications represent the minimum requirements. For any NO response the bidder must explain how this difference in specification would affect the performance of the equipment being bid. Any deviation from the terms, conditions, or specifications throughout this document must be stated in your bid response. Bidder should not include their standard terms and conditions with their response. Meets Specifications Yes No 1.0 Specifications 1.1 Processor must be capable of receiving and digitally processing 64 or more channels of electrophysiology data simultaneously over a fiber-optic datalink, with enough processing power to decode single-unit activity online. Must have a fiber-optic datalink to a PC controller. ____ ____ 1.2 Preamplifiers must be capable of amplifying and digitizing 16 or more channels of electrophysiological ____ signals in the 50-800 μV range with a 0.1 Hz – 7.5 kHz bandwidth, with 14-bit precision or better, and transmitting them over a fiber-optic datalink to the processor. Must be battery-powered to prevent power-line noise interference. ____ 1.3 Recording Headstages must be compatible with the Omnetics Nano ™ connector, with 15-50 kΩ input impedance and unity gain drive for 16 or more channels of electrophysiological signals in the 10-500 μV range with a 0.1 Hz – 7.5 kHz bandwidth. Headstages must be small and light enough so that four (4) can fit on the head of a freely moving rat without unduly impeding its movement, and must be compatible with the preamplifiers. ____ ____ 1.4 Switching Headstage with relays switching between a recording headstage (as described above ____ but with input impedance of 50-100 kΩ) and a stimulator connection for 16 channels, compatible with preamplifiers and signal generator. Must be capable of switching within 1 ms or less, and be compatible with the Omnetics Nano ™ connector. ____ 1.5 Signal Generator must be capable of driving 10 μA of stimulation current into a 1MΩ impedance for 16 or more channels, and passing control signals for the switching headstage. Must be battery-powered to prevent power-line noise interference and enhance animal safety, and have a fiber-optic datalink to the waveform generator. ____ ____ 1.6 Waveform Generator must be capable of synthesizing and initiating 16 or more distinct, arbitrary and time-varying stimulation waveforms at user-defined preprogrammed or user-initiated intervals and transmit them to the signal generator over a fiber-optic datalink. Must be capable of controlling headstage switching, have a fiber-optic datalink to a PC controller. ____ ____ 1.7 Fiber-Optic PCI Card to allow a PC controller to communicate with the processor and ____ waveform generator over a fiber-optic datalink. 1.8 Software with user interface providing hardware control, signal processing, and analysis associated with the above functions and hardware. ____ ____ ____ ____ ____ 3.1 Must provide manufacturer’s standard warranty. Provide the warranty period on the Itemized Bid List. ____ ____ 3.2 Will warranty work include the cost of parts and labor? ____ 2.0 Documentation 2.1 Must provide all pertinent equipment user and operation manuals for each system component. 3.0 Warranty 3.3 Will warranty work be performed on-site or vendor location? _________ ____ UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 8 OF 11 Meets Specifications Yes No 4.0 Delivery 4.1 Delivery is desired on or before June 1, 2006. Can you meet this delivery request? Please provide delivery date on the Itemized Bid List. ____ ____ 5.0 Acceptance and Testing 5.1 Acceptance testing will occur within 30 days after the equipment has been delivered. Acceptance testing will be performed by University staff and will consist of verification of the specifications and performance requirements. If the equipment does not meet specification, the contractor will have 15 days, or as negotiated, to meet requirements. If after this time period the equipment still does not meet specification requirements, the contractor agrees to remove the equipment and return any payments that may have been made. Yaniv Lazimy, or his designee, is the only authorized person who can sign an acceptance form. ____ ____ 6.0 Special Requirements 6.1 Are any special requirements involving electrical or other physical requirements needed for the installation of this equipment? If yes, please describe below. __________________________________________________________________________ ____ ____ UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 9 OF 11 11. ITEMIZED BID LIST ITEM QTY 1. 1 each DESCRIPTION TOTAL Multi-Channel Neurophysiology Recording and Stimulation System $_____________ Manufacturer: _____________________________________ Model: ___________________________________________ Warranty Period _____________ Delivery _____ weeks ARO System Components List all of the components of the complete system being bid. Quantity Provided Description Catalog or Model Number Manufacturer Optional Items: Item Description 1. Service Agreement to cover overnight replacement of defective components after expiration of warranty Cost $____________ UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 10 OF 11 12. MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN BID NUMBER: DATE 06-0093 As a matter of sound business practice, the University of Wisconsin-Madison is committed to supply diversity by promoting the use of minority business whenever and wherever possible. Further, as an agency of the State of Wisconsin, the University of Wisconsin-Madison shares in the state goal of placing five (5) percent of its total purchasing dollars with certified minority businesses. The State of Wisconsin policy provides that minority owned business enterprises (MBE) certified by the Wisconsin Department of Commerce; Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. You as a supplier, are strongly urged to use due diligence to further this policy by awarding subcontracts to minority owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding 5% of the contract price to such enterprises. Your complete response on this attachment, will address the following components; a) an indication that you understand the University’s goal, b) a listing of any vendors with which you intend to subcontract, c) a description of the various second tier MBE expenses you will be able to report to us that are in direct connection with the administration of this contract, and d) a statement expressing your commitment to complete the required semi annual reports that will reflect your subcontract and second tier expenditures for the period. A listing of certified minority businesses, as well as the services and commodities they provide, is available on the web at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp or you can contact E. Aggo Akyea, Department of Commerce, Office of Minority Business Development, 608/267-8379, aakyea@commerce.state.wi.us. Information regarding certification of minority businesses is available at: http://commerce.wi.gov/BD/BD-FAX-0910.html or you can direct further questions to Godwin Amegashie, Director, DOA Minority Business Program at 608/267-7806, godwin.amegashie@doa.state.wi.us. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details about the program can be found at: www.doa.state.wi.us/pagesubtext_detail.asp?linksubcatid=36 UNIVERSITY OF WISCONSIN MADISON, WISCONSIN 53706-1490 BID NO.: 06-0093 PAGE 11 OF 11 Complete and sign the following form: Failure to complete this form as a component of your proposal may result in rejection of your proposal. 1. Our company is a Wisconsin certified MBE. _____ Yes _____No 2. Our company is a minority business but has not yet received Wisconsin certification (please provide details). _____ Yes _____No 3. We are aware of the University’s goal to spend 5% of their total purchasing dollars with certified MBE firms. _____ Yes _____No 4. If this is an on-going contract, we are aware our company will receive semi annual requests from the University report all expenditure activity directed to sub-contracted vendors or second tier suppliers/providers that directly relate to this contract. _____ Yes _____No 5. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ In addition to direct subcontracting efforts, your company can help the University achieve the 5% goal by managing your second tier minority purchases. Second tier business refers to incidental business expenses your company may spend with MBE firms as it pursues the normal course of business supplying the University products or services. Here are some examples: You may report a percentage of your inbound freight conducted with an MBE firm. You may report a percentage of the cleaning expenses for your facility. If you travel to maintain your business with us, you could use a MBE travel agency and report that expense. These expenses can only be reported to the extent that they relate to your business with the University. The percentage of the expense you can report is determined by the amount of your University sales as it relates to your total sales volume. Per the terms of your contract you should actively pursue directing business towards these types of companies, and report your efforts in this regard on a semi annual basis. 6. In paragraph form please describe your company’s action plan with regard to the planned use of MBE businesses in subcontracting efforts, as well as developing second tier MBE providers. Please incorporate your specific commitments. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ SIGNATURE: ________________________________________________ DATE: ______________________________ PRINTED NAME & TITLE: __________________________________ COMPANY: ______________________________ MINORITY BUSINESS CONTACT NAME: _______________________________________________ PHONE: ________________________________ FAX: _______________________________ E-MAIL: __________________________________________________________________________ UNIVERSITY OF WISCONSIN - MADISON STANDARD TERMS AND CONDITIONS FOR REQUESTS FOR BIDS/PROPOSALS 1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The UW-Madison shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their bid/proposal. 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable. 3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the University . 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the right to increase or decrease quantities to meet actual needs. 5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. 5.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the University thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 5.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act. 7.0 ACCEPTANCE-REJECTION: The University reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interest of the State of Wisconsin. 8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by University . No other purchase orders are authorized. 9.0 PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. 9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address. 9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due. 9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken. 9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days. 9.5 Payment terms and invoicing for procurement card will be made in accordance with the procurement card contact. 10.0 TAXES: The University , an agency of the State of Wisconsin, is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code. 10.1 The University , an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The University may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the University . 13.0 APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The University reserves the right to cancel any contract with a federally debarred Contractor or a Contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the University . 16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 750 University Avenue, Madison, WI 53706-1490. 17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION: 17.1 In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities. 17.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than twenty-five (25) employes. Within fifteen (15) working days after the contract is awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. 17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin nondiscrimination law. 17.4 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an "ineligible" Contractor, termination of the contract, or withholding of payment. 17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes. 18.0 PATENT INFRINGEMENT: The Contractor selling to the University the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The Contractor covenants that it will at its own expense defend every suit which shall be brought against the University (provided that such Contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on Safety, and all applicable OSHA Standards. 20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy to UW Safety Department, 30 N. Murray Street, Madison WI 53715-2609. 21.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the Contractor. 22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall: 22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees engaged in the work. 22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 22.3 The state reserves the right to require higher or lower limits where warranted. 22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance with a minimum 60 day cancellation notice, from an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A-, and signed by an authorized agent. 23.0 CANCELLATION: The University reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the Contractor to comply with terms, conditions, and specifications of this contract. 24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for both goods and services in which the services component is worth $25,000 or more within any 12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States, the United States Department of Health and Human Services, and their duly authorized representatives, access to the Contractor's books, documents and records until the expiration date of four (4) years after the approval of procurement activities. 26.0 PUBLIC RECORDS ACCESS: It is the intention of University to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. 28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employes and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employe responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted bid/proposal. Signing the bid/proposal with a false statement shall void the submitted bid/proposal and any resulting contract(s). 30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled materials whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products with recycled content which meet specifications. 31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Contractor, or of any of its Contractors, in prosecuting work under this agreement. 32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies (University) or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the University. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. 34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P.O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.